Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – s. 173 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration: CJM rejected the fi nal report submitted bythe investigating offi cer and accepted the Protest Petition as the ComplaintCase, whether the course opted by the CJM was just, legal and proper inthe facts and circumstances of the case.Code of Criminal Procedure, 1973 – The Investigating Offi cer, aftercompleting the investigation, submitted the Final Report – Appellantcomplainantfi led a Protest Petition – The concerned CJM vide orderdated 15.11.2018 rejected the Final Report of the Investigating Offi cerand directed that the Protest Petition be registered as the ComplaintCase – High Court set aside the order dated 15.11.2018 u/s. 482 Cr.P.C.:Held: The concerned CJM vide the detailed order passed on 15.11.2018had rejected the fi nal report submitted by the Investigating Offi cer and hadaccepted the Protest Petition, and decided to proceed further u/s. 200 Cr.P.C– Such a course opted by the CJM was absolutely just, legal and proper inthe facts and circumstances of the case – The said order dated 15.11.2018remained unchallenged at the instance of the respondents-accused – It was onlywhen the concerned CJM after recording the statements of the complainantand eight witnesses, issued summons on 11.01.2022, the respondents fi ledthe application challenging the said order dated 11.01.2022 u/s. 482 beforethe High Court and in the said application, the order dated 15.11.2018 cameto be challenged by way of amendment – As such, the High Court shouldnot have permitted the respondents-accused to amend the Application forchallenging the order dated 15.11.2018 after about four years of its passing –The discretionary order of 11.01.2022 passed by the concerned CJM issuing summons to the accused, after recording statements of the complainant andthe eight witnesses and after recording prima facie satisfaction about thecommission of the alleged crime, also did not warrant any interference by theHigh Court – The impugned orders passed by the High Court being erroneous,the same are quashed and set aside. [Para 12]Code of Criminal Procedure, 1973 – s. 173 – Police report –Magistrate can exercise three options:Held: The receipt of the police report u/s. 173 Cr.P.C., the Magistratecan exercise three options – Firstly, he may decide that there is no suffi cientground for proceeding further and drop action – Secondly, he may takecognizance of the off ence u/s. 190(1)(b) on the basis of the police report andissue process; and thirdly, he may take cognizance of the off ence u/s. 190(1)(a) on the basis of the original complaint and proceed to examine upon oaththe complainant and his witnesses under Section 200.[Para 11]Code of Criminal Procedure, 1973 – s. 173 – After acceptanceof Police report – Discharge of accused – Power of magistrate to takecognizance of the off ence on a complaint or a Protest Petition:Held: It may be noted that even in a case where the fi nal report ofthe police u/s. 173 is accepted and the accused persons are discharged, theMagistrate has the power to take cognizance of the off ence on a complaint ora Protest Petition on the same or similar allegations even after the acceptanceof the fi nal report – A Magistrate is not debarred from taking cognizance of acomplaint merely on the ground that earlier he had declined to take cognizanceof the police report – No doubt a Magistrate while exercising his judicialdiscretion has to apply his mind to the contents of the Protest Petition or thecomplaint as the case may be. [Para 11] |
Judge | N/A |
Neutral Citation | 2023 INSC 778 |
Petitioner | Zunaid |
Respondent | State Of Up. & Ors. |
SCR | [2023] 11 S.C.R. 715 |
Judgement Date | 2023-08-29 |
Case Number | 2628-2629 |
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